Brexit and what it means for the conflict of laws

29th March 2021

Nick Pointon and Natasha Dzameh, members of the Commercial Team at St John’s, consider the implications of Brexit for the rules governing jurisdiction, choice of law and the recognition and enforcement of judgments in English courts.

The ‘B’ word and the ‘C’ word in one article… Brexit and the Conflict of laws. Those familiar with private international law will appreciate the central role played by various EU regulations in harmonising the conflict of laws rules governing jurisdiction, applicable law and the recognition and enforcement of judgments across EU Member States (“MSs”). In the commercial context, “Brussels I”, “Rome I” and “Rome II” have (for the most part) worked very well in furthering that objective of harmonisation.

The application of jurisdiction principles, the selection of applicable law and the free movement of judgments have all become easier under these various EU regulations. Yet these are regulations applicable only to EU MSs, and the UK is no longer a member of that club. This article considers the ramifications of Brexit for English conflict of laws…”

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